Shivanjali Badshah Godse v. Krushna Ajit Sarda And Another

2025:BHC-AUG:11233

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 960 ANTICIPATORY BAIL APPLICATION NO. 313 OF 2025 KRUSHNA AJIT SARDA

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhijit S. More APP for Respondent/State: Mr. N. R. Dayama ...

WITH ...

CRIMINAL APPLICATION NO. 842 OF 2025 IN ABA/313/2025 SHIVANJALI BADSHAH GODSE

VERSUS

KRUSHNA AJIT SARDA AND ANOTHER ...

Advocate for Applicant : Mr. Nitin S. Salunke APP for Respondent/State: Mr. N. R. Dayama Advocate for Respondent No.1 : Mr. Abhijit S. More ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 17.04.2025 P.C. :

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the assist to public prosecutor.

2] The applicant is apprehending arrest in connection with Crime No.46/2025, registered at City

Police Station, Sangamner, District Ahmednagar, for the offences punishable under Sections 308 (2), 308(3), 356(2) of the Bharatiya Nyaya Sanhita, 2023.

3] This court by order dated 24.02.2025 granted interim protection to the applicant noticing submissions and reasons at paragraphs no.3 and 4, as under:

"3] The learned counsel for the applicant submits that the allegation against the applicant that he has made viral certain photographs of engagement ceremony of the informant and one Akshay. It is alleged that the present applicant demanded Rs.5 lacs from the Akash and therefore Akshay did not fulfill the demand of the present applicant regarding demand of Rs.5 lacs, as such, the applicant had posted those photographs. On the basis of said allegation, the present FIR is lodged against the present applicant. The learned counsel for the applicant further submits that the applicant is not aware about the informant.

4] Considering the submissions as there is no demand of money made to the informant so also the photos are not obscene ones, the interim protection is granted in favour of the applicant in the following terms :-..."

4] Thereafter, by order dated 24.03.2025 submissions of the applicant is recorded that she would surrender the mobile phone and attend the police station. Thereafter, she had surrendered the mobile phone and attend the police station.

5] The learned counsel for the applicant submits that investigation in the matter is now nearly complete and that interim protection may be confirmed.

6] The learned APP submits that Rs.10,000/- is to be recovered from the applicant, so also, learned counsel for the assist to public prosecutor submits that two NCs are registered and thereafter the applicant has violated the terms and conditions. To which, the learned counsel for the applicant in response submits that the applicant has not taken the amount of Rs.10,000/- as alleged. He submits that the Ncs are registered to avoid the grant of / confirmation of the interim order.

7] There is grievance of the complainant that the photographs were made viral, although, they are not obscene and on account of which certain dispute occurred in the family of the informant. Considering this, the possibility of registering of the further NCs cannot be ruled out, so also, looking to the gravity of the offence, the interim protection granted earlier can be confirmed. 8] In view of the above, the interim protection granted by order dated 24.02.2025 stands confirmed, on the following terms:

i] The applicant shall attend the police station as and when required by the Investigating Officer.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. She shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

9] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

10] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

11] The application stands disposed of.

12] The application for assist to public prosecutor is also disposed of.

[ARUN R. PEDNEKER] JUDGE marathe